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HomeMy WebLinkAboutZAA 22-004 1 ZONING ADMINISTRATOR ACTION 22-004 CONDITIONAL USE PERMIT 2022-0003 540 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2022-0003 was filed by Christopher Lee of Asel Beauty College, to establish a vocational school (beauty school/academy) in an existing 2,939 square foot commercial'tenant space located at 540 EI Camino Real. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. That the property is designated as Downtown Commercial Core Specific Plan (DCCSP) by the City's General Plan, is zoned DCCSP (SP-12), and located within Development Area 4 (DA-4) of the DCCSP, which allows a variety of commercial and civic uses. C. That pursuant to DCCSP Table 3.1, Commercial Permitted Use Table, vocational schools are listed as a conditionally permitted use. D. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs for existing developments,where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. E. That a public hearing was duly called, noticed, and held for CUP 2022-0003 on May 12, 2022, by the Zoning Administrator. F. 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 welfarein that: 1) The provisions of the DCCSP (SP-12) for DA-4 allow .a variety of commercial and civic uses including vocational school. The proposed beauty school/academy would operate as a vocational school, which are conditionally permitted in DA-4 pursuant to the DCCSP Table 3.1, Commercial Permitted Use Table. 2) No impacts to residential properties or other sensitive uses are anticipated as the project site is predominantly surrounded by commercial uses. CUP 2022-0003 May 12, 2022 Page 2 3) As conditioned, the proposed use would be compatible with the surrounding commercial and residential uses. The applicant would be required to notify and receive approval from the Community Development Director prior to any proposed changes to the operation or use of the facility. 4) The facility is in a commercial building with independently accessible tenant spaces and its own parking lot. As conditioned, the proposed use would not result in any parking impacts based on the parking requirements for instructional uses, which require one (1) parking space per staff/instructor, plus one (1) parking space per three (3) students. In addition, one (1). parking space for each 250 square feet of gross floor area is required per the TCC to accommodate client/personal services for the proposed accessory use. As conditioned, the applicant would be required to notify and receive approval from the Community Development Director prior to changing the operation or use of the facility, therefore no parking impacts are anticipated. 5) As conditioned, CUP 2022-0003 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with the conditions of approval provided herein, or is found to be a nuisance or cause negative impacts to surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 6) The City's Police Department, Public Works Department, and Building Division have reviewed the application and have no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations,(Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2022-0003 establishing a vocational school (beauty school/academy) in an existing 2,939 square foot commercial tenant space located at 540 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. CUP 2022-0003 May 12, 2022 Page 3 PASSED AND ADOPTED by the Zoning Adlmlinistrator of the City of Tustin, at a regular meeting on the 12th day of May, 2022. J( $MNA L. WILLKOM ZONING ADMINISTRATOR VERA HURTAbb' RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, VERA HURTADO, 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, 2022-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 121h day of May, 2022, VERA HURTAD6 RECORDING SECRETARY �i EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (CUP) 2022-0003 540 EL CAMINO REAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 12, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community 'Development Director may also approve 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 Department. (1) 1.3 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 and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2022-0003 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 Approval and Conditions of Approval' form. The forms shall be established by the Community Development Director and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION i Exhibit A Conditions of Approval CUP 2022-0003 (1) 1.6 CUP 2022-0003 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 2022-0003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development 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 CUP 2022-0003, 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 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code 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 (1) 2.1 The business hours and maximum occupants are limited.to the following: Maximum Maximum Maximum Maximum Students Instructors) Employees/ Clients for (8:00 a.m. Faculty Administrato Practice 5:30 (8:00 a.m. — rs (8:00 a.m. — P.M.) 5:30 p.m.) 5:30 p.m.) Monday - Up to 25 Up to two (2) Up to two (2) Up to 3 Sunday instructors employees Exhibit A Conditions of Approval CUP 2022-0003 Occupancy in the tenant space shall be limited to thirty-two (32) individuals, inclusive of up to twenty-five (25) students, two (2) employees/instructors, two (2) employees/administrators, and client services (personal services) that would occur within an approximately 727 square foot area of the main floor at any given time based on the operations letter and parking summary provided. Should any operational changes be proposed, including but not limited to additional capacity, the applicant must submit an updated parking summary and operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. Any changes to the hours of operation and/or maximum number of customers requested by the business owner shall require approval by the Community Development Director. The Community Development Director may approve operational changes if it is determined that there is sufficient parking to accommodate the proposed changes, and/or if there are no negative impact to adjacent tenants or properties. (1) 2.2 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation; , b) Limit the number of people in the facility at any given time; c) Provide additional parking; or d) Participate in the Parking Exception Program (i.e. By depositing with the City a Parking Exception Fee to be used for public parking accommodations within the area per Downtown Commercial Core Specific Plan (DCCSP) Section 6.3.3) (1) 2.3 All activities shall be located within the enclosed tenant space. No congregation and/or business activities outside of the tenant space are allowed in association with the use. (1) 2.4 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. Exhibit A Conditions of Approval CUP 2022-0003 (1) 2.5 All business activities shall comply with the City's Noise Ordinance. (1) 2.6 No change or alteration of the tenant space shall occur without approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional permit by either the Zoning Administrator or the Planning Commission. (1) 2.7 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) 2.8 If the use authorized by CUP 2022-0003 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and the CUP will be deemed expired. PLAN SUBMITTAL (1) 3.1 Any modification to existing tenant space including interior walls, partitions, and/or plumbing fixtures will require a building permit. At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of Tustin. Please contact the Community Development Department, Building Division, should you need further clarification. (1) 3.2 Upon any building permit plan submittal, the applicant is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 1. The applicant will be required to submit an application fee of fifty- dollars and a cash security deposit. Based on the review of the submitted Waste Management'Plan, the cash security deposit will be determined by the Public Works Department in the following amounts: A. Multi-family/Commercial. All multi-family and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. b. Prior to issuance of a (demolition, grading, or building) permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". C. Exhibit A Conditions of Approval CUP 2022-0003 FEES (1, S) 4.1 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 OC 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 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.